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7/23/2019 Election Law of BiH-Eng
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ELECTION LAW OF BOSNIA AND HERZEGOVINA
(Unofficial consolidated text including the changes and addenda published in
the Official Gazette of BiH number: 7/14)
Chapter 1
General Provisions
Article 1.1
This law shall regulate the election of the members and the delegates of the Parliamentary
Assembly of Bosnia and Herzegovina and of the members of the Presidency of Bosnia and
Herzegovina and shall stipulate the principles governing the elections at all levels of authority in
Bosnia and Herzegovina.
Article 1.1a
Certain expressions used in this Law shall have the following meaning:
(1) Political subject shall mean a political party, an independent candidate, a coalition, or alist of independent candidates certified for participation in elections in accordance with this Law.
(2) Electoral unit shall mean:a) A basic electoral unit which means a municipality, the City of Banja Luka, the District ofBrko, the city electoral unit of the City of Mostar and electoral units of the city area of the City ofMostar where a total number of representatives is elected and constituted for a certain level of
authority and which does not contain the multimember electoral units.
1 This unofficial cleaned text contains the text of the Election Law of Bosnia and Herzegovina (Official
Gazette of BiH, number23/01), the Decision on changes and addenda to the Election Law of Bosnia andHerzegovina (Official Gazette of BiH, number 7/02), the Decision on changes and addenda to theElection Law of Bosnia and Herzegovina (Official Gazette of BiH, number9/02), the Law on changesand addenda of the Election Law of Bosnia and Herzegovina (Official Gazette of BiH, number20/02),Correction of the Law on changes and addenda to the Election Law of Bosnia and Herzegovina (OfficialGazette of BiH, number25/02), the Law on changes and addenda of the Election Law of Bosnia andHerzegovina (Official Gazette of BiH, number4/04), the Law on changes and addenda to the ElectionLaw of Bosnia and Herzegovina (Official Gazette of BiH, number 20/04), the Law on changes andaddenda to the Election Law of Bosnia and Herzegovina (Official Gazette of BiH, number25/05), the
Law on changes and addenda to the Election Law of Bosnia and Herzegovina (Official Gazette of BiH,number 52/05), Correction of the Law on changes and addenda to the Election Law of Bosnia andHerzegovina (Official Gazette of BiH, number65/05), the Law on changes and addenda to the ElectionLaw of Bosnia and Herzegovina (Official Gazette of BiH, number 77/05), the Law on changes andaddenda to the Election Law of Bosnia and Herzegovina (Official Gazette of BiH, number11/06), theLaw on changes and addenda to the Election Law of Bosnia and Herzegovina (Official Gazette of BiH,number24/06), the Law on adopting the law on changes and addenda to the Election Law of Bosnia andHerzegovina (Official Gazette of BiH, number32/07), the Law on changes and addenda to the ElectionLaw of Bosnia and Herzegovina (Official Gazette of BiH, number 33/08), the Law on changes andaddenda to the Election Law of Bosnia and Herzegovina (Official Gazette of BiH, number37/08), theLaw on changes and addenda to the Election Law of Bosnia and Herzegovina (Official Gazette of BiH,number 32/10), the Law on changes and addenda to the Election Law of Bosnia and Herzegovina(Official Gazette of BiH, number18/13) and the Law on changes and addenda to the Election Law ofBosnia and Herzegovina (Official Gazette of BiH, number7/14).
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The unofficial cleaned text is only for internal use and no reference cannot be made to the latterwhen used officially.
b)
A cantonal electoral unit where a total number of representatives is elected and constituted
for a certain level of authority and which does not contain multimember electoral units.
c)
An entity electoral unit where the Entity level of authority is elected and constituted,
containing multimember electoral units, and
d)
An entity electoral unit where the State level of authority is elected.
(3) Multi-member electoral unit shall mean an electoral unit where more than one but lessthan the total number of representatives for a certain level of authority is elected.
(4) Electoral cycle shall mean the mandate period relating to a certain level of authority.(5) Election threshold shall mean a certain percentage of votes received (valid ballots) thatmust be won by a political subject in order for it to be eligible to participate in the allocation of
mandates.(6)
Election campaign shall mean actions and procedures in the period established by thisLaw within which a political subject informs the voters and the public, as prescribed by the Law,
about their programs and candidates for the forthcoming elections.
(7)
Compensatory mandates shall mean the mandates that are allocated to the lists of politicalparties or coalitions according to the number of valid votes received, and serve to compensate forinadequate proportional representation at the entity level arrived at by summing up the results for
the particular multimember electoral units in the entity.
(8) National Minority Member shall mean a national of Bosnia and Herzegovina who doesnot belong to any of the three constituent peoples. A national minority is made of people of the
same or similar ethnic background, same or similar tradition, customs, faith, language, culture and
spirituality and close or related history and other features.
(9) Displaced person shall mean a national of Bosnia and Herzegovina whose status of adisplaced person has been established by a competent administration authority responsible for the
displaced persons affairs as provided by law.
(10)
Refugee shall mean a national of Bosnia and Herzegovina who has the voting rights andhas taken up his/her residence abroad, having the status as refugee from BiH.(11) Parliamentary party shall mean a political party represented in representative or legislativegovernment authorities.
(12) Election period shall mean the period from theday the elections are announced to the daywhen the election results are validated.
(13) Election year shall mean the period that corresponds to a calendar year in which electionsare planned to be held.
(14) Eligible voter (loc. bira), for the purpose of this Law, shall mean a national of Bosnia andHerzegovina registered in the Central Voters Register.
(15) Active voter (loc. glasa), for the purpose of this Law, shall mean a national of Bosnia and
Herzegovina who is registered in the Central Voters Register and who has exercised the right tovote (i.e. the active voting right).
Article 1.2
(1)
The cost and expense for the conduct of the elections shall be material cost and expense and
reimbursement costs for the operations of election management bodies.
(2)The material cost and expense shall be the cost for conduct of elections by the election
management bodies within their scope of competence under Articles 2.9 and 2.13 of this
Law and the Decision of the Central Election Commission of Bosnia and Herzegovina
(hereinafter: the Central Election Commission of BIH) that regulates the scope of
competence of entity election commissions, pursuant to Article 2.21 of this Law.
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(3)The reimbursement costs of the operations of election management bodies shall be the costs
referred to in Article 2.12, paragraph (9) and Article 2.19, paragraph (11) and (12) of this
Law.
Article 1.2a
(1)The Budget of the Institutions of BiH and International Obligations of BiH (hereinafter: the
BiH budget) shall provide for the cost and expense for the conduct of elections by theCentral Election Commission of BiH referred to in Article 2.9 and Article 2.19, Paragraph
(12) of this Law.
(2)The budgets of entities and cantons shall provide for the cost and expense for the conduct of
elections by the election management bodies referred to in Article 2.21 of this Law, pursuant
to the Decision of the Central Election Commission of BiH that regulates their scope of
competence as well as the provision of missing funds for financing obligations referred to in
Paragraph (3) of this Article.
(3)
The budgets of municipalities and cities shall provide for the cost and expense for the
conduct of elections by municipal election commissions referred to in Article 2.13 as well as
reimbursement costs referred to in Article 2.12, Paragraph (9) and Article 2.19, Paragraph
(11) of this Law.
(4)The Budget of the Brko District of BiH shall provide for the cost and expense for exerciseof the competencies of the Election Commission of the Brko District and reimbursementcosts for the Election Commission and polling stations committees of the Brko District ofBiH pursuant to the Election Law of the Brko District of BiH.
(5)The costs and expense for the exercise of the competencies and for the conduct of the
elections shall be independently administered within the approved budget by the ElectionCommission referred to in Paragraphs (1), (2), (3) and (4) of this Article, which is
authorized to determine the method of their use and supervise their allocation and use.
(6)Funds for the conduct of the elections must be provided by the institutions referred to in
paragraphs (1), (2), (3) and (4) of this Article within 15 days from the day the decision to
announce the elections is issued by the Central Election Commission of BiH.
Article 1.2b
If the mandate of a Head of Municipality/City Mayor, who was elected directly, has terminatedin accordance with law, the costs and expense required for the conduct of the new elections
shall be provided from the budget of the Municipality/City for which the elections are
conducted for the Head of Municipality /City Mayor, as appropriate.
Article 1.3
The election of members of all bodies of authority shall be made on the basis of free elections,
general and equal voting rights directly by voters and secret ballots, unless otherwise stipulated
by this law.
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Article 1.3a
(1)Except in the cases defined by Article 1.10 of this Law, the members of the representative
bodies elected in accordance with this Law may not be recalled, and all their rights and
obligations shall commence on the day when the representative body has been constituted.
(2)Mandate of the members of a representative body elected in the regular elections shall be 4
years and shall commence on the day when the election results have been published in theOfficial Gazette of BiH.
(3)The elected holder of the mandate, who has been elected in the direct and indirect elections,
shall have the obligation to sign a declaration by which he/she shall refuse or accept the
mandate on the form prescribed by the Central Election Commission of BiH.
Article 1.4
(1)
Each citizen of Bosnia and Herzegovina (hereinafter: the BiH citizen) who has attained
eighteen (18) years of age shall have the right to vote and to be elected (hereinafter: right to
vote) pursuant to this law.
(2)To exercise his or her right to vote, a BiH citizen must be recorded in the Central Voters
Register, pursuant to this law.
Article 1.5
(1)
All BiH citizens who have the right to vote, pursuant to this Law, shall have the right to vote
in person in the municipality of their permanent residence.
(2)A BiH citizen, who is temporarily residing abroad and has the right to vote, shall be entitled
to vote in person (by appearing at an appropriate polling station in BiH or at a diplomatic
and consular representation office of BiH abroad) or by mail (by sending the ballot by mail)
for the municipality where the person had the permanent place of residence prior to his or
her departure abroad, provided that he or she is registered as a permanent resident in that
municipality at the moment of submitting his or her application for out-of-country vote.
(3)The Central Election Commission of BiH shall issue a separate regulation, in accordance
with this Law, in order to regulate the complete procedure of voting at the diplomatic and
consular representation offices of BiH (the voting application procedure and deadlines, the
appointment of polling station committees, the determination of number and distribution of
polling stations and the procedure of conducting the elections).
(4)The Central Election Commission of BiH shall determine the number and distribution of
polling stations in the diplomatic and consular representation offices of BiH according to the
criteria referred to in Article 5.2 of this Law.
(5)The Central Election Commission of BiH shall appoint the polling station committees for
voting in the diplomatic and consular representation offices of BiH by ensuring the
representation of members from among each constituent people in each polling station
committee.
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Article 1.6
(1)No person who is serving a sentence imposed by the International Tribunal for the former
Yugoslavia, and no person who is under indictment by the Tribunal and who has failed to
comply with an order to appear before the Tribunal, may be recorded in the Central Voters
Register or stand as a candidate (the candidate for the purpose of this Law refers to persons
of both genders) or hold any appointed, elective or other public office on the territory of
BiH.
(2)As long as any political party or coalition maintains a person referred to in paragraph (1) of
this Article on a position or function in the political party, that party or coalition shall be
deemed ineligible to participate in the elections.
Article 1.7
No person, who is serving a sentence imposed by a Court of BiH, a Court of the Republika
Srpska or a Court of the Federation of BiH and the Court of the District of Brko or who hasfailed to comply with an order to appear before a Court of BiH, a Court of the Republika
Srpska or a Court of the Federation of BiH and the Court of the District of Brko for seriousviolations of humanitarian law where the International Criminal Tribunal for the Former
Yugoslavia has reviewed the file prior to arrest and found that it meets international legal
standards, may be recorded in the Central Voters Register or stand as a candidate or hold any
appointed, elected or other public office on the territory of BiH.
Article 1.7a
No person who is serving a sentence imposed by a court of a foreign country or has failed to
comply with an order to appear before a court of a foreign country for serious violations of
humanitarian law where the International Criminal Tribunal for the Former Yugoslavia hasreviewed his or her case file prior to arrest and found that it meets international legal standards,
may be recorded in the Central Voters Register or stand as a candidate or hold any appointive,
elective or other public office on the territory of BiH.
Article 1.8
(1)
Judges of regular and Constitutional courts, prosecutors and their deputies, attorneys and
their deputies holding public office, Ombudsmen and their deputies, members of the Human
Rights Courts/Chambers/Councils, notaries members of police forces, civil servants,
members of the Armed Forces of BiH, members of the Intelligence and Security Agency,
and diplomatic and consular representatives of BiH abroad who have a diplomatic status inaccordance with the 1961 Vienna Convention on Diplomatic Relations, may stand as a
candidate for public elected office only if they resign from their position or abide by the
laws regulating their status.
(2)If a delegate in the House of Peoples of the Parliamentary Assembly of BiH holds, at the
same time, a mandate of a member of the House of Representatives of Parliamentary
Assembly of BiH, Parliament of the Federation of BiH, National Assembly of Republika
Srpska or cantonal assembly he/she shall be bound to inform in writing, within 3 days, the
Central Election Commission of BiH which of the mandates he/she selected thus terminating
other mandates that he/she holds.
(3)If a delegate in the House of Peoples of the Parliamentary Assembly of BiH acquires the
right to a mandate in the House of Representatives of Parliamentary Assembly of BiH,
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House of Representatives of the Parliament of the Federation of BiH, National Assembly
of Republika Srpska or cantonal assembly pursuant to Article 9.10 of this Law and if he/she
does not inform, within 3 days, the Central Election Commission of BiH on waiving of that
right, the mandate shall not be allocated to him/her and it shall be distributed to the next
qualified candidate on the list of the constituency according to Article 9.8, paragraph (2) of
this Law. If after a question of the Central Election Commission of BiH the delegate decides
to use that right his/her mandate of a delegate in the House of Peoples of the Parliamentary
Assembly shall cease.
(4)One person can hold maximum one (1) directly elected public office, or maximum one (1)
directly elected office and one (1) indirectly elected office, unless otherwise specified by the
Law.It is also incompatible to hold at the same time one directly or indirectly elected office
and one position in an executive body of authority. It is also incompatible to hold more than
one position in an executive body of authority.
(5)A person may not hold public elected office in BiH and at the same time hold any public
elected or politically appointed office in another country. A person holding any elected or
politically appointed office in another country shall be obliged to relinquish, within forty-
eight (48) hours after the verification of his or her mandate in BiH, one of the two (2) officeshe or she holds. A person who holds any public elected office in BiH and is elected to or
appointed to a politically appointed office in another country, shall be obliged to relinquish
his or her mandate in BiH, within forty-eight (48) hours after the election or appointment in
another country.
(6)For the purpose of this article, an executive office notably includes the Presidency of BiH,
the Council of Ministers of BiH, the President and Vice Presidents of the Federation of BiH,
the President and Vice Presidents of the Republika Srpska, the government of the Federation
of BiH including the Prime Minister, the government of the Republika Srpska including the
Prime Minister, the government of the District of Brko, the Cantonal government, theMayor of a city, the Deputy Mayor of a city, the city government, the Mayor of amunicipality, the Deputy Mayor of a municipality, the Mayors cabinet, and other executivefunctions as defined by law.
Article 1.9
(1)A mandate belongs to the elected office holder and not to the political party, coalition or list
of independent candidates, which nominated him or her on the candidates list. The mandate
cannot be terminated except where prescribed by law.
(2)Should an elected office holder, during his/her term of office, withdraw from a political
party, coalition or list of independent candidates that participated in the elections or
nominated him/her on its candidates list, the elected office holder shall become an
independent representative.
Article 1.10
(1)The term of office of an elected member of a body of authority at all levels shall terminate
before the expiration of the mandate for which he or she was elected:
1. on the day when he/she resigns;
2.
if he/she has been recalled in accordance with law;3. on the day of his/her death;
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4. on the day when a court judgment becomes final and binding by which he/she has been
sentenced to a prison sentence of six (6) months or longer;
5. on the day when a court decision becomes final and binding by which he or she has been
deprived of legal capacity (declared mentally incompetent);
6. on the day when he or she is elected or appointed to an office which is incompatible with
the office of an elected member of a certain body as stipulated by law;
7. if he/she has cancelled his/her permanent residence on the territory of the electoral unit
in which he/she was recorded as a voter in the Central Voters Register and from whichhe/she was elected, after the end of a six-month-period following the date of
cancellation; or
8. if for reasons stipulated by law he or she loses the right to be elected.
(2)
The mandate of an elected member of a body of authority at any level shall terminate on the
day when one of the reasons for termination established by law occurs. The Central Election
Commission of BiH shall, within maximum fifteen (15) days after the reasons for
termination have occurred or become known, take the decision to terminate the mandate of
an elected member of a government authority and shall notify thereof the government
authority in which the elected member had the mandate.
(3)If the member resigns, the resignation shall be completed on a form produced by the Central
Election Commission of BiH.
Article 1.11
Candidates of all political parties, coalitions, lists of independent candidates as well as
independent candidates and other participants in the electoral process shall have full freedom to
carry out activities during the election campaign on the whole territory of BiH. Competent
authorities shall ensure that no obstacles impede freedom of movement of candidates,
supporters and voters during the entire electoral process.
Article 1.12
Competent bodies at all levels of authority shall not discriminate against a person because of
his or her affiliation to a political party or coalition; or because of his or her support for an
independent candidate or a list of independent candidates.
Article 1.13
The application for certification to participate in the elections shall include a statement signed
by the President of a political party, coalition or the independent candidate stating that theactivities of the political party, coalition or the independent candidate will comply with the
General Framework Agreement for Peace in Bosnia and Herzegovina.
Article 1.14
(1)The elections at all levels of authority in BiH shall be held on the first Sunday in October
unless the date conflicts with observance of a religious holiday of one of the constituent
peoples of BiH. Any election that cannot be held on the first Sunday in October because of a
conflict with a religious holiday shall be scheduled by the Central Election Commission of
BiH for the Sunday closest to the first Sunday in October, which does not conflict with a
religious holiday.
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(2)At least one-hundred and fifty (150) days prior to the holding of an election, the Central
Election Commission of BiH shall announce the elections in accordance with this law and
shall notify all competent authorities at all levels and the public when an election shall be
conducted, unless otherwise provided by Chapter 14 of this law.
(3)
The Central Election Commission of BiH shall publish the dates of the elections for all
levels of authority in the Official Gazette of BiH, Entity official gazettes, OfficialGazette of the District of Brko and in the media.
CHAPTER 2
ELECTION MANAGEMENT BODIES
Article 2.1
(1)The competent authorities responsible for the conduct of elections are the election
commissions and the Polling Station Committees.
(2)
The election commissions and the Polling Station Committees shall be independent and
impartial in their work. No member of an election commission or a Polling Station
Committee shall participate in the decision of a case in which the member and/or a close
family member has a personal or financial interest or other conflict of interest, which may
raise doubt as to the ability of the member to act impartially. A close family member isdefined in Article 15.7, paragraph (2) of this Law.
(3)
All bodies of authority at all levels, officials in BiH and diplomatic and consular
representation offices of BiH shall be obliged to assist the competent authorities responsiblefor the conduct of elections.
Article 2.2
(1)Member of the election commission and polling station shall be a person eligible to vote.
(2) Member of the election commission and polling station shall be a person with appropriate
expertise and experience in the administration of elections.
(3)The Central Election Commission of BiH shall determine what the required qualifications
are for member of the election commission and polling station established in paragraph (2)
of this Article.
(4)
Efforts shall be made to ensure that the number of members of the underrepresented gender
within the Municipal Election Commission and Polling Station Committee reaches a
minimum of 40% of the total number of members.
(5)
Members of the competent authorities responsible for the conduct of elections shall have to
undergo the continued training during their mandate, in accordance to the educational
curricula (plan and programme) issued by the Central Election Commission of BiH.
(6)If a member of the election commission or polling station committee fails to undergo the
training referred to in paragraph (5) of this Article, he/she shall be released from his/her
duty.
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Article 2.3
(1)No person can be appointed as a member of an election commission or Polling Station
Committee who:
1. is not eligible to stand as a candidate in accordance with Articles 1.6, 1.7 and 1.7a of this
law;
2.
is a member of the highest executive political body of a political party or coalition (apresident, deputy president, the general secretary, secretary or member of the executive
board or the central board);
3.
holds an elected mandate or is a member of an executive body of authority except in
cases referred to in Article 2.12, paragraph (4) of this Law;
4.
stands as a candidate for the elections at any level of authority; or
5. has been sanctioned for a serious violation of the electoral laws or regulations where the
person was found to be personally responsible for the violation, in the previous four (4)
years, starting from the day the decision became final.
(2)
The Central Election Commission of BiH shall decide if the severity of the violation and the
personal responsibility of the individual, as stated in paragraph (5) of this Article, prohibits
the person from being a member of an election commission or a Polling Station Committee.
Article 2.4
(1)The election commission member shall be appointed for a period of seven (7) years.
(2)Polling Station Committee members shall be appointed for each election.
Article 2.5
(1)The Central Election Commission of BiH shall consist of seven (7) members: two (2)
Croats, two (2) Bosniaks, two (2) Serbs, and one (1) other member.
(2)
The nominees for the Central Election Commission of BiH shall be jointly nominated by the
members of the Commission for Selection and Nomination. The Central Election
Commission of BiH nominees shall be legal experts with experience in the administration of
elections and/or electoral experts and may not hold any office in the bodies of a political
party, association or foundations organizationally or financially related to the political party,
and may not be involved in any political party activity.
(3)The Commission for Selection and Nomination shall have seven members out of whom two
shall be appointed by the President of the High Judicial and Prosecutorial Council from
amongst members of the Council, three members shall be appointed by the Administrative
Commission from amongst members of the Commission from the House of Representatives
of Parliamentary Assembly of BiH and two shall be appointed by the President of the
Central Election Commission of BiH from amongst members of the Central Election
Commission of Bosnian Herzegovina.
(4)
The constituent peoples, two Bosniaks, two Serbs, two Croats and one from amongst the
Others must be represented in the Commission for Selection and Nomination.
(5)The Commissions for Selection and Nomination shall meet for the purpose of decision
making on issues of appointments regulated by this Law. The procedure of announcement
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and determination of proposed candidates shall follow the Rules of Procedures adopted by
the Commission for Selection and Nomination. A decision on the list of nominees for the
Central Election Commission of BiH shall be made by two third (2/3) majority vote.
(6)In accordance with its procedures, the House of Representatives of the Parliamentary
Assembly of BiH shall elect members of the Central Election Commission of BiH from the
list of nominees. If this list is not submitted to the House of Representatives thirty (30) days
prior to the expiration of the mandates of the members of the Central Election Commissionof BiH, then the House of Representatives of BiH shall nominate and elect the members of
the Central Election Commission of BiH.
(7)
The Commission for Selection and Nomination shall have the obligation to provide the
House of Representatives of the Parliamentary Assembly of BIH with the candidate list not
later than thirty (30) days prior to the expiration of the mandates of the members of the
Central Election Commission of BiH.
(8)In the event a member of the Central Election Commission of BiH cannot perform his/her
duties as established in Article 2.15 of this law the Central Election Commission of BiH
shall notify the House of Representatives of the Parliamentary Assembly of BiH. The Houseof Representatives of BiH shall in this case appoint a new member who is of the same
Constituent Peoples including others as the previous member. A new member shall be
appointed from the list of nominees submitted by the Commission for Selection and
Nomination.
(9)
In the event that the House of Representatives of the Parliamentary Assembly of BIH fails to
conduct the procedure referred to in Paragraph 6 of this Article, the members of the Central
Election Commission of BIH shall continue to perform their duties until such time as the
new members of the Central Election Commission of BIH have been appointed.
(10)
The cost and expense for the public announcement of an open competition shall beprovided from the Budget of the Central Election Commission of BiH.
Article 2.6
The President of the Central Election Commission of BiH shall be elected from amongst its
members. One Croat, one Bosniak, one Serb and the other member of the Central Election
Commission of BiH shall each serve as the President for one twenty-one (21) month rotation in a
seven (7) year period.
Article 2.6a
(1)A Member of the Central Election Commission of BiH shall exercise his/her employment
rights within the Central Election Commission of BiH, in accordance with the law.
(2)The document confirming the selection, appointment and termination of the mandate of the
members of the Central Election Commission of BiH shall be issued by the House of
Representatives of the Parliamentary Assembly of BIH.
(3)Each member of the Central Election Commission of BiH shall be entitled to a salary and
other allowances arising from his/her employment status in the amount determined by the
Law on Salaries and Compensations in the Institutions of Bosnia and Herzegovina.
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Article 2.7
The Central Election Commission of BiH shall establish Regulations which regulate its work
including the election of its President.
Article 2.8
(1)
Members of the Central Election Commission of BiH shall not be held criminally or civillyliable for any acts carried out within the scope of their duties and obligations which are
provided by this Law and other laws.
(2)The immunity referred to in Paragraph 1 of this Article may be invoked by the members of
the Central Election Commission of BiH at any time for the acts committed within the scope
of their duties and obligations in the Central Election Commission of BiH, but may not be
treated as a general impediment preventing criminal prosecution or the institution of civil
proceedings against them.
Article 2.9
The Central Election Commission of BiH is an independent body, which derives its authority
from and reports directly to, the Parliamentary Assembly of BiH. The Central Election
Commission of BiH shall:
1. co-ordinate, oversee and regulate the lawful operation of all election commissions and
Polling Station Committees in accordance with this law;
2. issue administrative Regulations for the implementation of this law;
2.a issue a decision to hold the direct elections in BiH, as provided by this Law;
3. propose a budget for the Central Election Commission of BiH and report on its
spending;4. be responsible for accuracy, update and overall integrity of the Central Voters Register
for the territory of BiH;
4.a ensure the statistical records classified by gender, age, classified by polling stations for
each part of the election process;
5.
certify the participation of political parties, coalitions, lists of independent candidates
and independent candidates for all levels of direct elections in BiH;
6.
verify and certify the lists of candidates and the candidates for all levels of direct and
indirect elections in BiH covered by this law;
7. be responsible for the timely printing, distribution and security of ballots and forms for
all levels of direct elections in BiH;
8.
define the contents and the form of the ballot for all levels of direct elections in BiH;9. determine and verify election results for all direct and indirect elections covered by this
Law, certify that elections were conducted in accordance with this Law and publish
results of all direct and indirect elections covered by this Law;
10.issue certificates to persons who receive mandates at all levels of direct and indirect
elections in BIH covered by this Law;
11.notify an election commission or Polling Station Committee or any other competent
authority responsible for the conduct of elections that it does not comply with or violates
a provision of this law and order the remedial action required to be taken by the
competent body;
12.
publicize all Rules of Procedure, Regulations and election results of the direct and
indirect elections in BIH covered by this Law, voter information and all otherinformation necessary for the implementation of this law and all electoral laws, in the
Official Gazettes and the media, both inside and outside BiH as appropriate;
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13.conduct all election activities for the elections for the members of the Presidency of BiH
and the members of the House of Representatives of the Parliamentary Assembly of
BiH;
14.take the decision to terminate the mandate of an elected official at all levels of direct and
indirect elections in BiH covered by this Law, but also where necessary conduct the
preliminary fact-finding procedure (in the case where a member resigns, that it is done
of his or her own volition);
15.
review the decision taken by the competent authority to terminate the mandate of anelected official by recall, in order to ensure that the elected officials mandate wasterminated in accordance with this Law;
16.
report annually to the Parliamentary Assembly of BiH on the electoral administration in
BiH, the implementation of this law and initiates amendments to this law; and
17.
perform all other duties as authorized by law.
Article 2.10
The Central Election Commission of BiH shall annul elections in an electoral unit or at an
individual Polling Station should it establish that irregularities occurred, during the voting or
counting of ballots, which may affect the election results.
Article 2.11
(1)The administrative, technical and professional duties for the Central Election Commission of
BiH shall be conducted by the Secretariat of the Central Election Commission of BiH,
established by the Central Election Commission of BiH.
(2)
The Central Election Commission of BiH Secretariat shall have a General Secretary who is
appointed by the Election Commission of BiH and according to the procedure and in the
way provided by the Law.
(3)The Central Election Commission of BiH shall enact the Rulebook on Internal Organization
of the Secretariat of the Central Election Commission of BiH, following a proposal
submitted by the Secretary General, subject to the approval of the Council of Ministers of
BiH.
Article 2.12
(1)A Municipal Election Commission shall consist of three (3), five (5) or seven (7) members.
A municipal election commission may appoint the municipal election commission
Secretary, who shall perform administrative and technical duties.
(2)The Central Election Commission of BiH shall determine the number of the Municipal
Election Commissionsmembers in accordance with the number of the registered voters andthe size of a municipality.
(3)Other criteria may be used by the Central Election Commission of Bosnia and Hercegovina
to determine the number of Municipal Election Commissionsmembers.
(4)The member of the Municipal Election Commission can be: the president or a judge of a
regular Court, the Secretary of the Municipal Council/Municipal Assembly and City
Council, persons professionally employed in Municipal administration and other persons ifthey meet the conditions established in the Article 2.2 of this Law, and they do not have the
obstacles from the Article 2.3 of this Law.
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(5)
The members of the Municipal Election Commission shall be appointed by the Municipal
Council/Municipal Assembly, subject to the approval of the Central Election Commission of
BiH based on a public advertisement according to the procedure established by the Central
Election Commission of BiH under a separate regulation.
(6)Members of the Municipal Election Commissions shall be dismissed by the Municipal
Council, or the Municipal Assembly, with the consent of the Central Election Commissionof BiH.
(7)
A member of the Municipal Election Commission cannot be either a representative or
attorney of the political subject participating in the elections, nor a person sentenced to an
imprisonment sentence of six (6) months or longer under a final and binding court decision.
(8)Amongst the members of the Municipal Election Commission from paragraph (5) of this
Article the Municipal Council/Assembly shall appoint the President, subject to the approval
of the Central Election Commission of BiH.
(9)
Members of election commissions of the basic electoral unit shall be entitled to a permanent
monthly remuneration. The decision on the amount shall be determined by the Central
Election Commission of Bosnia and Herzegovina in its regulation, so that in the election
period it is paid out in the maximum amount of a lump sum paid for the councilor in that
basic electoral unit, while out of the election period it will be 30% of that amount.
Article 2.13
The Municipal Election Commission shall:
1.
monitor and supervise (control) the work of the Voters Register Center referred to inArticle 3.8 of the Law;
2. designate Polling Stations in the territory of the municipality for voting on all levels of
authority in BiH;
3. conduct the appointment procedure, appoint and train the members of the Polling Station
Committee;
4. ensure the security of, and deliver to the Polling Station Committees the polling material
for voting at all levels of the elections in BiH;
5. as directed by the Central Election Commission of BiH notify voters of information
necessary for the administration of elections;
6. be responsible for the technical arrangements at the Polling Station and any other
technical preparations for the elections;7. be responsible for the proper conduct of the counting of ballots at Polling Stations and
municipal counting centers;
8. compile the results of elections from all Polling Stations in the municipality, separately
for each body for which elections were administered and forward the results to the
Central Election Commission of BiH; and
9. perform all other tasks as authorized by law and by the Regulations of the Central
Election Commission of BiH.
Article 2.14
(1)
The composition of an election commission shall be multiethnic, reflecting the population ofthe constituent peoples including others bearing in mind the most recent national Census at
the electoral unit for which it is formed. The composition of an election commission shall in
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general reflect the equal representation of both genders. The equal representation of gender
shall exist in case when one of the genders is represented with minimum of 40% of the total
number of members of the Election Commission.
(2)If the election commission is not composed in accordance with the previous paragraph, the
Central Election Commission of BiH shall annul the appointment of the members and
inform the appointing body. The appointing body shall within 15 days of the decision of the
Central Election Commission of BiH reappoint the body in compliance with the criteriaestablished in paragraph (1) of this Article.
(3)If the election commission or Polling Station Committee is not properly constituted again,
the Central Election Commission of BiH shall appoint the members of the election
commission or Polling Station Committee in accordance with paragraph 1 of this article.
Article 2.15
(1)In the event a member of an election commission resigns, dies, becomes incapacitated, is
removed from the commission or cannot be a member of an election commission or Polling
Station Committee as established in Article 2.3 of this law, the new member of the body
shall be appointed in the same manner that the previous member was appointed.
(2)
The appointment of a new member of a municipal election commission shall be carried out
no later than thirty (30) days of the date of expiration of the term of the previous member,
and during the election period, the Municipal Council or the Municipal Assembly shall
appoint a replacing member of the Municipal Election Commission, without conducting the
election procedure provided in Article 2.12, paragraph (5) of this Law, no later than seven
(7) days of the date of expiration of the term of the previous member.
(3)
The mandate of the replacing member referred to in paragraph (2) of this Article, shall rununtil such time as the regular member has returned, or until a new member has been elected
as under the procedure provided by Article 2.12 paragraph (5) of this Law.
(4)
In the event that the mandate for the election commission member ends in the election
period, the mandate of the same member shall be renewed to last until the end of the election
period, or until such time as the election results have been validated, after which a new
member of the election commission shall be appointed under the procedure provided by this
Law.
Article 2.16
(1)If a member of a municipal election commission has a prolonged absence without a valid
reason, obstructs the work of the commission or violates the provisions of this Law or other
regulations, the Municipal Council/Municipal Assembly, with the prior approval of the
Central Election Commission, or the Central Election Commission of BiH itself may
remove that member. According to Article 2.12, Paragraph 5, a new member of the
municipal election commission shall be appointed.
(2)If a member of a municipal election commission has a prolonged absence with a valid
reason, a new member of the municipal election commission shall be appointed pursuant to
Article 2.12, Paragraph 5 of this Law, as his/her replacement for the period of absence.
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(3)The valid reasons in terms paragraph (2) of this Article shall include illness, education,
professional training and other reasons regarded valid by the authority competent to appoint
the municipal election commission.
Article 2.17
Except as established by Regulations of the Central Election Commission of BiH, all election
commissions sessions shall be public. The election commissions shall ensure that the public isnotified of their sessions in a timely manner.
Article 2.18
(1)
Election commissions and Polling Station Committees, except for the Central Election
Commission of BiH, shall make decisions by a simple majority of the total number of
members, except as otherwise stipulated by this law.
(2)Except as otherwise provided by this law, the Central Election Commission of BiH shall
make a decision by a two-thirds (2/3) vote of the total number of the members. If a decision
cannot be reached by a two-thirds (2/3) vote of the total number of members at the first
meeting, then at the second meeting a majority of the members shall make the decision.
Article 2.19
(1)The Polling Station Committee shall consist of three (3) or five (5) members of whom one
shall be appointed as President.
(2)
The President and members of the Polling Station Committee shall have deputies.
(3)
The appointment of the President and members of the Polling Station Committee and theirdeputies shall be made by the Municipal Election Commission no later than thirty (30) days
prior to the date of the election.
(4)
A complaint may be filed to the Municipal Election Commission against the decision of the
Municipal Election Commission appointing the President, members of the Polling Station
Committees, and their deputies. An appeal may be filed to the Central Election Commission
of Bosnia and Herzegovina against the decision of the Municipal Election Commission
deciding the complaint.
(5)
A political party that is a coalition member or an independent candidate that is a member of
the list of independent candidates shall not be entitled in that election unit to participate
independently in the lottery procedure and the procedure of appointment as members of the
Polling Station Committee.
(6)A political party that is a member of several certified coalitions for different government
authorities shall be entitled to participate in the lottery procedure as part of a coalition that is
certified as the highest authority comprising the election units of a lower level government
authority.
(7)
If the Municipal Election Commission does not appoint the members of the Polling Station
Committee and their deputies in accordance with Paragraph 3 of this Article, then the
Central Election Commission of BiH shall appoint the members of the Polling Station
Committee and their deputies.
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(8)The political subject in that election unit, which has a certified candidate list or a candidate
for participation in the elections in accordance with this Law, shall be entitled to participate
in the lottery procedure for allocation of positions in the Polling Station Committee.
(9)The lottery procedure referred to Paragraph 8 of this Article shall be conducted by the
Municipal Election Commission within the period of no less than sixty (60) days prior to the
Election Day.
(10)After the lottery is conducted, but not longer than within 7 days following the lottery, the
political stakeholders participating in the lottery procedure shall provide the relevant
Municipal Election Commission with the list of candidates who qualify as members of the
Polling Station Committee in which they won the positions by way of the lottery procedure.
(11)
Should a political subject fail to provide the names of the candidates for the Polling Station
Committee members within the period provided by Paragraph 10 of this Article, such failure
will be considered as the waiver from the position allocated in the Polling Station
Committee, or should the number of the candidates for the Polling Station Committee
members proposed by a certified political party be lower than the required number of the
Polling Station Committee membership, the Municipal Election Commission shall appointthe Polling Station Committee members independently, taking into account the multi-ethnic
composition of the Polling Station Committee where possible.
(12)The lottery procedure shall be conducted in accordance with the mandatory instructions
issued by the Central Election Commission of BiH.
(13)Only one representative of a political subject can be a member of a Polling Station
Committee.
(14)Candidates appointed as presidents and deputy presidents of the Polling Station
Committees shall have the obligation to attend the training required for the work in a PollingStation Committee and organized by the Municipal Election Commission. Once the test of
knowledge has been completed, the Municipal Election Commission shall award certificates
to the successful presidents and their deputies.
(15)The presidents and deputy presidents of the Polling Station Committees who have received
the certificate shall have the obligation to participate in the training of the Polling Station
Committee members, which is organized by the Municipal Election Commission. Once the
test of knowledge has been completed, the Municipal Election Commission shall award
certificates to the successful Polling Station Committee members and their deputies.
(16)
Members of a Polling Station Committee are entitled to a salary. The decision on theamount of the salary shall be made by the Municipal Election Commission.
(17)The decision on the amount of payment for the members of the Polling Station Committees
for the conduct of the General Elections shall be made by Central Election Commission of
BiH.
Article 2.20
(1)The Polling Station Committee shall directly manage the conduct of the Polling Station,
ensure the regularity and secrecy of the ballot and record the election results at the Polling
Station.
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(2)The President of the Polling Station Committee shall ensure that the voting process at a
Polling Station proceeds without impediments, in accordance with Chapters 5 and 7 of this
law.
Article 2.21
(1)Entity Election Commissions shall be created by Entity law in accordance with this law.
Their competencies shall be determined by the Central Election Commission of BiH inaccordance with this law.
(2)
The manner of election and the composition of all other election commissions shall be
determined by Entity law and in accordance with the provisions of this law.
CHAPTER 3
VOTERS REGISTER
Article 3.1
(1)The Central Voters Register constitutes the records of citizens of BiH who have the right to
vote in accordance with this Law and shall be established, maintained and used for the
following purposes: to organize and conduct elections in accordance with law, to conduct
referendums, to conduct recalls of elected officials and to elect bodies of the local self-
governance in accordance with Law.
(2)The Central Voters Register and excerpts from the Central Voters Register are public
documents.
(3)
The right of access to the Central Voter Register shall be exercised in accordance with thisLaw.
(4)Political subjects certified for participation in elections, and whose candidate lists are
certified for participation in elections in accordance with this Law, shall be provided upon
their request with an electronic or printed excerpt from the Central Voter Register for the
level of government or for the electoral unit in which they participate in elections.
Article 3.2
(1)
The Central Voters Register is unique, permanent and shall be regularly updated.
(2)The following BiH citizens shall be recorded in the Central Voter Register:
a) those of age (18) or older;
b) those who will become eighteen (18) years of age on the Election Day;
c) those who have the right to vote in accordance with this Law, but are temporarily residing
abroad; and
d) those having the right to vote as provided by Article 20.8, paragraph (6) of this Law.
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(3)The Central Voters Register shall not contain names of BIH citizens whose full legal
capacity has been withdrawn by the final and binding decision of a competent authority. In
the event that such a person has already been recorded, he/she shall be deleted from the
Central Voters Register, whereas in the event that the competent authority has issued the
final and binding decision restoring his/her legal capacity, he/she shall be recorded in the
Central Voter Register.
Article 3.3
The Central Voters Register shall be made and maintained on the basis of data from official
records on permanent and temporary residence of citizens of BiH maintained by a competent
State authority, from other public identification documents and official records on citizens of
BiH maintained by the Central Election Commission of BIH and other competent authorities and
on the basis of public documents and data received directly from citizens.
Article 3.4
(1)
The Central Voters Register shall be maintained and processed electronically.
(2)The records of the Central Voters Register or its excerpts shall be available for access and
data contained therein shall be processed by the same methodology and by using the same
computer program, at all locations where the data are processed and collected for the
purposes of the Central Voters Register.
(3)
The records of the Central Voters Register shall be processed and maintained by using
computerized data processing, according to the uniform methodology and program whose
contents and manner of use are determined concertedly by the competent authority of BiH
and the Central Election Commission of BiH.
Article 3.5
(1)The Central Voters Register shall be maintained ex-officio.
(2)
The Central Election Commission of BiH shall maintain the Central Voters Register for the
territory of BiH on the basis of records of a competent State authority that maintains the
records of citizens of BiH in accordance with the Law on Central Registers and Data
Exchange, unless otherwise prescribed by this Law.
(3)The competent State authority referred to in paragraph 2 of this Article shall maintain and
shall be responsible for the overall technical processing of all data of relevance for therecords of the Central Voters Register (hereinafter: the authority in charge of technical
maintenance of the Central Voters Register records).
(4)The competent authority that maintains the records on citizens of BiH pursuant to Law on
Citizens Single Identification Number, Law on Permanent and Temporary Residence of theCitizens of BiH and the Law on Identification Card of BiH Citizens, shall receive the data
from:
a) Competent Registry Office on death of all citizens over eighteen (18) years of age; and
b)
Competent Ministry of BiH on deregistration of BiH citizenship
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(5)The competent authority in charge of technical maintenance of the Central Voter Register
shall receive the data pursuant to the Law on Central Registers and Data Exchange as well
as the provisions of the Law on Personal Identification Number, the Law on Permanent and
Temporary Residence of BiH Citizens, and the Law on ID Cards, from a competent
authority in charge of maintaining the records on any change of permanent and temporary
residence.
(6)
The competent authority in charge of technical maintenance of the Central Voter Registerrecords shall receive data from the following parties:
a) Municipal Election Commissions on Polling Stations; and
b) Central Election Commission of BIH and Municipal Election Commissions on changes
of voting options.
(7)The competent authority in charge of maintaining the official records concerning such data
shall be responsible for accuracy and update of data necessary to produce the Central Voters
Register.
(8)The competent Registry Offices shall provide to the authority competent for maintaining the
official records concerning the Citizens Single Identification Number, Permanent andTemporary Residence of the Citizens of BiH with the data on all changes that affect the
accuracy of the Central Voters Register, in writing, not later than within seven (7) days from
the date the change has occurred.
(9)The authority competent for maintaining the official records concerning the Citizens SingleIdentification Number, Permanent and Temporary Residence of the Citizens of BiH is
responsible for keeping the data updated and accurate and is obliged to keep the files with
documents, public identification documents and requests of citizens, on the basis of whichthe Central Voters Register is maintained and updated, and make the access to these files
possible and the files available at the request of the Central Election Commission.
Article 3.6
(1)The Central Election Commission of BIH is responsible for accuracy, correctness and
general integrity of the Central Voter Register.
(2)In terms of maintaining the Central Voters Register, Central Election Commission of BIH
shall:
a)
inform competent authorities about the established deficiencies and take the appropriate
measures and actions towards removing the irregularities and establishing the accurate and
updated Central Voters Register,
b)
draw up the excerpts from the Central Voters Register for displaced persons of BiH,
c) draw up the excerpts from the Central Voters Register for voters who participate in an out-of-
country voting,
d) keep special records on the persons whose right to vote was withdrawn in accordance with
the Law; and
e) complete and verify the final excerpts from the Central Voters Register to be used for the
elections.
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(3)The excerpts from the Central Voters Register for voters referred to in paragraph (2), item b)
of this Article shall be drawn up on the basis of data received from the competent State
authorities and citizens in accordance with this Law.
(4)The excerpts from the Central Voters Register for the voters referred to in paragraph (2),
item c) of this Article shall be drawn up on the basis of data possessed by the Central
Election Commission of BIH and data delivered by the citizens who participate in the out-
of-country voting.
(5)The competent authorities referred to in paragraphs (3) and (4) shall responsible for
accuracy, update and timely delivery of data necessary to draw up the excerpts from the
Central Voters Register.
(6)
The Central Election Commission of BIH shall issue its regulations guiding the following:
a) deadlines for completion and verification of the final Central Voters Register and
b)
deadlines for delivery of data on the changes in the records of displaced persons and records
of citizens who participate in the out-of-country voting.
Article 3.7
(1)The Central Election Commission of BiH makes the excerpt from the Central Voter Register
for each basic electoral unit, containing the data on all voters with the right to vote for the
particular basic electoral unit, on the basis of data contained in the records of the Central
Voters Register. Such excerpts shall be delivered to the given Municipal Election
Commission not later than twenty (20) days prior to the Election Day.
(2)The excerpt shall be made according to the place of permanent residence of a citizen of BiH
and by Polling Station.
(3)The Central Election Commission of BIH may issue an excerpt from the Central Voters
Register also for other electoral units where the particular elections are to be conducted, for
the purpose of conducting the procedure of recalling the elected official and to conducting a
referendum, on the basis of data contained in the Central Voters Register.
(4)A citizen of BIH is included in one excerpt of the Central Voters Register, for one basic
electoral unit and in one Polling Station.
Article 3.8
(1)In each municipality, the competent municipal authority shall establish a Voters Register
Center.
(2)The competent municipal authority shall conduct the training of staff of this Center, in co-
operation with the Municipal Election Commission.
(3)Voters Register Center shall:
a)
provide technical support to the Municipal Election Commission in identifying the PollingStations on the municipal territory and in allocation of voters by Polling Station;
b) update data referred to in Item a) of this Paragraph in accordance with changes in number of
voters and regulations of the Central Election Commission of BIH;
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c) provide access to the excerpt from the Central Voters Register of the territory of its
municipality;
d) provide data for the Central Voters Register established by the regulations of the Central
Election Commission of BIH;
e) technically support the Municipal Election Commission regarding the requests and appeals of
voters related to the excerpt from the Central Voters Register;
f) carry out other tasks assigned by the Central Election Commission of BIH and by the
Municipal Election Commission, in accordance with the regulations of the Central ElectionCommission of BIH.
(4)
The Voters Register Center shall keep records of submitted requests and appeals referred to
in paragraph (2), Items d) and e) of this Article and is obliged to keep the supporting
documentation submitted together with the requests and appeals.
(5)The Central Election Commission of BIH shall issue detailed regulations to provide for the
manner, the responsibility for the work, the deadline for the establishment and other issues
relevant to the functioning of the Voters Register Center.
Article 3.9
(1)A citizen of BiH who has the right to vote shall be recorded in the Central Voters Register
for the basic electoral unit where he is registered as a permanent resident in BiH, unless
otherwise specified by this Law.
(2)A citizen of BiH who has the right to vote under this Law and who is temporarily residing
abroad shall be recorded in the Central Voters Register for the basic electoral unit in which
he was registered as a permanent resident in BiH before the departure abroad.
(3)A citizen of BiH who has the right to vote under this Law and who has the status of a
refugee from BiH shall be recorded in the Central Voters Register for the basic electoral unit
where he used to have permanent residence in accordance with the provisions of Article
20.8 of this Law.
(4)
A citizen of BiH who has the right to vote under this Law and who has a status of a
displaced person shall be recorded in the Central Voters Register for the basic electoral unit
on the basis of the expressed voting option, in accordance with the provisions of Article 20.8
of this Law.
(5)An application for determination or a change in the voting option, in accordance with
paragraph (4) of this Article, shall be submitted by applicants in person, in due time and in
the form as prescribed by the Central Election Commission of BIH.
(6)If a citizen of BiH fails to submit an application for determination or a change in the voting
option pursuant to Paragraph 5 of this Article, he shall be recorded in the Central Voters
Register for the basic electoral unit where he was recorded in the last elections, and if he
was not recorded in the Central Voters Register at all, he shall be recorded in the Central
Voters Register for the basic electoral unit in which he had a permanent residence according
to the last Census conducted by BiH.
Article 3.10
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(1)Records of the Central Voters Register shall contain the following information on citizens of
BiH who have the right to vote:
a) Last and first name and name of one of parents,
b) Date of birth,
c) National Identification number,
d) Gender,
e)
Name of the Municipality where this person has a permanent or temporary residence,f)
Address of the permanent/temporary residence (street, street number and town),
g) Name of the Municipality and/or electoral unit for which this person is eligible to vote,
h)
Voting option,
i) Polling Station
j)
Date of registration of the permanent or temporary residence,
k) Field with the heading: Notes.
(2)Excerpts from the Central Voters Register shall be made on the basis of the electronic
records of the Central Voters Register.
(3)
The format and contents of an excerpt from the Central Voters Register, used for the
conduct of the elections, shall be determined by the Central Election Commission of BIH.
Article 3.11
Central Voters Register data shall be published and its contents made available to the public
taking into account the principles of protection of personal information, pursuant to the Law on
Protection of Personal Information.
Article 3.12
(1)Permanent residence is the municipality in which a citizen has settled down with the
intention to permanently reside there and where the permanent residence is registered
pursuant to the Law on Permanent and Temporary Residence of Citizens of BiH.
(2)
Permanent residence of a citizen of BiH who has the status of a displaced person or a
refugee is his municipality of permanent residence in accordance with the last Census
conducted by BiH.
Article 3.12a
(1)
A voter who has changed his/her permanent residence within the period of 45 days beforethe election day until the election day, shall be appear in the excerpt from the Central Voters
Register at a regular Poling Station in the municipality in which he/she had his/her
permanent residence until the day when the permanent residence was changed.
(2)The authority in charge of maintaining the records on any change of permanent or temporary
residence shall check the accuracy of the data on such changes of permanent or temporary
residence. An official report shall be compiled about this check.
Article 3.13
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(1)Entry of a voter in the Central Voters Register shall be made by the competent authorities in
accordance with the provisions of Article 3.5 of this Law.
(2)Any citizen of BiH shall have access to an excerpt from the Central Voters Register and
shall be entitled to request its correction if it is the correction of his personal data. Such
request shall be submitted in writing to the authority referred to in paragraph (4) of this
Article.
(3)Personal data referred to in paragraph (2) of this Article are data described in Article 3.10,
paragraph (1), Items a), b), c), e) and j).
(4)
Corrections of personal data in the Central Voters Register shall be made by the competent
authority responsible for keeping records of such data.
Article 3.14
(1)
The Central Election Commission of BiH shall adopt regulations to determine the manner
and procedure to draw up excerpts from the Central Voters Register in case of:
a) homebound voters due to old age, illness or disability and
b) voters who are prisoners or are confined to institutions and have the right to vote.
Article 3.15
(1)
A citizen of BiH who has the right to vote under this Law and is temporarily residing abroad
and is recorded in the Central Voters Register, in order to be included in the excerpt fromthe Central Voters Register for out-of-country voting, is obliged to submit an application to
the Central Election Commission of BiH for every elections. Proof of identity of the
applicant as prescribed by this law and accurate details of the address abroad, as well as a
declaration concerning the voting option: in a diplomatic and consular representation office
(DCRO) or by mail, shall be attached to the application, signed by the applicant.
(2) A citizen of BiH who has the status of a refugee from BIH and has the right to vote under
this Law, and is recorded in the Central Voter Register, in order to be included in the excerpt
from the Central Voters Register for out-of-country voting, is obliged to submit an
application to the Central Election Commission of BIH for every elections. The application
must be received before the deadline set by the Central Election Commission of BIH in the
period after the elections are announced and contain the declaration concerning the voting
option: in a diplomatic and consular representation office (DCRO) or by mail. The applicantshould attach to the signed application, the following proofs:
a) proof of identity of the applicant as prescribed by this Law;
b) accurate details of the address abroad and
c) proof of the permanent residence in BiH in accordance with Article 20.8 of this Law, if he
wants a change of the data recorded in the Central Voters Register for the basic electoral unit
that he has the right to vote for.
(3)
A refugee from BiH who is not recorded in the Central Voters Register, in order to be
recorded in the Central Voters Register and to exercise thereby his right to vote under this
Law, must submit an application to the Central Election Commission of BiH. Theapplication must be received before the deadline set by the Central Election Commission of
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BiH in the period after the elections are announced. The applicant should attach to the
signed application, the following proofs:
a) proof of identity of the applicant,
b) proof of the citizenship of BiH,
c) proof of change of the permanent residence in BiH, in accordance with Article 20.8 of this
Law and
d)
accurate details of the address abroad.
(4)The following documents shall be admissible as valid proof on identity of the applicant,
pursuant to Item a) of paragraph (3) of this Article:
a)
Passport
b) Driving license
c) Valid personal identity card issued by the host country and
d) Refugee card issued by the Government of the host country or another international
organization.
(5)
The applicant may send the completed and signed application and the required documents
by fax and electronically. The procedure and method of sending, receiving, processing,
filing (archiving) and protection of electronic applications and documents shall be
established by the Central Election Commission of BiH under a separate regulation.
(6)If the requirements referred to in paragraphs (1), (2) and (3) of this Article are met, the
applicant shall be recorded in the excerpt from the Central Voters Register for out-of-
country voting.
(7)The applicant referred to in paragraphs (1), (2) and (3) of this Article shall be held
responsible for authenticity of data attached to the application.
(8)The Central Election Commission of BIH shall prescribe the layout of the application form
referred to in paragraphs (1), (2) and (3) of this Article, the manner and procedure to verify
the accuracy of data in the documents submitted by refugees from BIH who request to be
recorded in the Central Voters Register, to verify the proofs of identity and permanent
residence of the refugees and shall issue relevant instructions regarding the procedure for
recording voters in the excerpts of the Central Voters Register for out-of -country voting.
(9)Registration into the Central Voters Register of the citizens of BiH who have the status as
refugees from BiH, and who have their voting rights as provided by this Law, shall be a
continuing process conducted during the entire year, with the documentation attached as
provided by paragraph (3) of this Article.
Article 3.16
(1)A citizen of BiH referred to in Article 3.15, paragraphs (1), (2) and (3) of this Law shall be
obliged to provide all changes affecting the data that he previously submitted to the Central
Election Commission of BiH and based of which he is recorded in the excerpt from the
Central Voters Register for out-of-country voting. The changes of the data must be
submitted not later than the deadline established for the submission of applications for out-
of-country voting in the next elections.
(2)If a citizen of BiH referred to in Article 3.15, paragraph (1) of this Law fails to submit an
application before the deadline established for out-of-country voting in the next elections, he
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shall be recorded in the excerpt from the Central Voters Register for voting in the
appropriate Polling Station in the basic electoral unit of his permanent residence.
(3)
If a citizen of BiH referred to in Article 3.15, paragraph (2) of this Law, fails to submit proof
of his permanent residence in BIH in accordance with Article 20.8 of this Law, he shall be
recorded in the excerpt from the Central Voters Register for voting out-of-country with the
right to vote for the basic electoral unit of his permanent residence according to the
information available to the authority which performs technical maintenance of the recordsof the Central Voters Register.
(4)If a citizen of BiH, who is recorded in the excerpt from the Central Voters Register for out-
of-country voting has returned to BiH before the deadline established for submission of
applications for out-of-country voting in the next elections, he is obliged to submit a request
to change his voting option to the competent Voters Register Center.
(5)
Voters Register Center shall receive through the Municipal Election Commission and
process all requests referred to in paragraph (4) of this Article in accordance with the
regulations of the Central Election Commission of BIH and shall deliver these data to the
Central Election Commission of BIH in order to record changes in excerpt from the CentralVoters Register for out-of-country voting.
(6)If a citizen of BiH who is recorded in the excerpt of the Central Voters Register for out-of-
country voting has returned to BiH after the expiry of the deadline established for
submission of applications for out-of-country voting in the next elections, he shall be
allowed to vote with the tender-ballot/enveloped ballot in the Polling Station in the basic
electoral unit he has right to vote for.
Article 3.17
(1)
A citizen of BiH who has the right to vote and is not found in the completed excerpt fromthe Central Voters Register may vote if he presents a valid identification document referred
to in Article 5.12 of this Law and a confirmation on permanent residence.
(2)
A voter referred to in paragraph (1) of this Article shall vote in a Polling Station according
to his permanent residence.
(3)The Central Election Commission of BIH shall regulate the manner and procedure of voting
for the voters referred to in paragraph (1) of this Article and the manner to verify these
voters right to vote
CHAPTER 4
CERTIFICATION AND CANDIDACY FOR THE ELECTIONS
Article 4.1
In order to participate in the elections political parties, independent candidates, coalitions and
lists of independent candidates shall certify their eligibility with the Central Election
Commission of BiH.
Article 4.2
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In order to be certified for the elections for all bodies of authority at all levels in BiH, an
independent candidate or a candidate on a political party, list of independent candidates or a
coalitions candidates list shall meet the following requirements:
1. the candidate must be recorded in the Central Voters Register in the municipality in
which he or she is standing for office or in the municipality found within the boundaries
of the electoral unit if he or she is standing for office at the higher levels of authority, no
later than by the day when the elections are announced; and2.
the candidate may only run for office in one electoral unit at any level of authority and
may appear only on one political party, coalition or list of independent candidates.
Article 4.3
In order to participate in the elections, a political party must be registered with the competent
authority in accordance with the law. The application for certification must be accompanied by
evidence not older than 60 days that the political party is registered with the competent authority.
The political party must apply for certification under the same name that it registered with the
competent authority.
Article 4.4
(1)
The application for certification of a political party or independent candidate must
include a list setting out the name, original signature, number of a valid ID Card and
National Identity number of each voter recorded in the Central Voters Register who
supports the application of the political party or independent candidate.
(2)The signature form shall be prescribed by the Central Election Commission of BiH.
These forms shall be pre-printed forms and shall contain a space for the name of the
political party or independent candidate, and sequential serial numbers.
(3)
Political parties and independent candidates shall only collect signatures on the forms
assigned to them by the election commission of BiH. Other forms submitted by a
political party or independent candidate shall not be accepted.
(4)The signature form shall also include the name and surname, number of a valid ID Card,
original signature and National Identity number of the person(s) who are responsible for
collecting the supporters signatures.
(5)In order to be certified for participation in the elections, a political party must present to
the Central Election Commission of BiH its application for participation in the elections,which contains at least:
1. three thousand (3,000) signatures of voters recorded in the Central Voters Register for
the elections for the members of the Presidency of BiH;
2.
three thousand (3,000) signatures of voters recorded in the Central Voters Register for
the elections for the members of the House of Representatives of the Parliamentary
Assembly of BiH;
3. two thousand (2,000) signatures of voters recorded in the Central Voters Register for
the elections for the members of the House of Representatives of the Parliament of the
Federation of BiH or for the members of the National Assembly of the Republika
Srpska or for the elections for the President and Vice Presidents of Republika Srpska;
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4. five hundred (500) signatures of voters recorded in the Central Voters Register for
elections for the delegates of the Cantonal Assemblies of the Federation of Bosnia-
Herzegovina;
5. one hundred (100) signatures of voters recorded in the Central Voters Register for the
elections for the Municipal Council/Municipal Assembly and for the Head of
Municipality in a municipality where the number of voters recorded in the Central
Voters Register on the day when the elections are announced did not exceed ten
thousand (10,000) voters, or two hundred (200) signatures for the election in themunicipality in which this number exceeded ten thousand (10,000) voters recorded in
the Central Voters Register.
6.
(5)% of signatures of voters recorded in the Central Voters Register for the election of
Municipal Council or Municipal Assembly and for the Head of Municipality, in a
municipality where the number of voters recorded in the Central Voters Register on the
day when the elections are announced did not exceed a thousand (1000) voters recorded
in the Central Voters Register;
7. supporting signatures submitted for the higher level of authority shall also be applicable
to the lower levels of authority included in the higher level of authority.
Article 4.5
(1)Except for the elections for the members of the Presidency of BiH, a political party shall be
exempt from the signature requirement established in Article 4.4 of this law if a member of
this political party holds a mandate in the same body that the political party applies to certify
to stand for office.
(2)A political party shall be exempt from the signature requirement established in Article 4.4 of
this Law also in the event that application for verification of candidacy is filed for the body
at the same or lower level of authority in comparison with the body in which the political
party member already holds a mandate.
(3)
For the purposes of this article the political party shall submit a signed statement from the
elected official that he or she was a member of that political party at the time that he or she
received the mandate and that he or she is still a member of that party together with the
confirmation form.
Article 4.6
(1)A political party shall submit its application for certification to the Central Election
Commission of BiH no later than one hundred and thirty-five (135) days before the date of
the elections.
(2)
The Central Election Commission of BiH shall certify the application of a political party for
participation in the elections if the application meets the requirements as established by this
law no later than within 15 days following the day the application is received.
(3)If the Central Election Commission of BiH identifies incorrect or incomplete information, or
if it identifies any other deficiency or irregularity in the application in the sense of this law
or of an act issued by the Central Election Commission of BiH, after the date of receipt of
such notification it shall notify the applicant thereof, who shall be bound to correct the
information within two (2) days. Upon the expiration of this deadline in the event that the
political party fails to remove the deficiency or irregularity from the application, the CentralElection Commission of BiH shall not certify the application of that political party for
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participation in the elections, the Election Commission of BiH shall decide whether or not to
certify or reject the application for participation in the elections.
Article 4.7
If two (2) political parties have identical names or names that are so similar that it could cause
confusion or mislead a voter, the Central Election Commission of BiH shall determine which
party has the right to use the name for the purposes of the elections, taking into account the dateeach party registered with the competent authority.
Article 4.8
(1)
In order to be certified for the elections, an independent candidate must present his or her
application for participation in the elections to the Central Election Commission of BiH
containing at least:
1. one thousand five hundred (1,500) signatures of voters recorded in the Central Voter
Register for the elections for the members of the Presidency of BiH;
2.
one thousand and five hundred (1,500) signatures of voters recorded in the Central
Voter Register for the members of the House of Representatives of the Parliamentary
Assembly of BiH;
3.